(1.) THIS appeal is preferred by the defendant challenging the order of temporary injunction granted by the learned Single Judge rejecting the request for vacating an exparte order of temporary injunction granted on 25.11.2011 passed on I.A.I in O.S.No. 8252/2011.
(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit which was primarily numbered as O.S.No. 1/2012.
(3.) THE plaintiff - M/s. Whirlpool of India Ltd., is a company manufacturing and selling of home appliances including refrigerators in India. Defendant is also a company engaged in the business of manufacturing and selling of home appliances including the refrigerators. The plaintiff company is a subsidiary of Whirlpool Corporation - USA. The plaintiff owned registered patents and designs and other intellectual property rights in respect of various products. It is its case that, it has created a huge domestic and overseas market for its products due to its quality, high standard of its products and superior level of customer services. One of the unique and special products designed by the plaintiff is a household refrigerator with bottom drawer, and the fascias, base of the bottom drawer as well as the bottom drawer of such refrigerator. The product - 'Refrigerator with Bottom Drawer', is an eye appealing and well appreciated by the customers. The design of this product is original and new. The unique concept gives altogether a different look to the refrigerator. Prior to the innovative design of the plaintiff -company, a refrigerator used to be mounted on a normal/simple base stand and with this, there always appeared a marked gap/space between the bottom of the refrigerator and the floor upon which the refrigerator was kept. With the innovative design of the plaintiff -company, the refrigerator appears to have a distinct eye appealing look and in addition to other characteristics, the said gap/space as visible in case of a customary refrigerator is totally absent. The plaintiff -company has specially conceived and created the designs for the base of the bottom, bottom drawers and fascia of the bottom drawer together with the 'refrigerator with bottom drawer' which once applied upon a refrigerator, completely changes the over all look of the refrigerator.